GENERAL TERMS CONDITIONS & AGREEMENT RELATING TO UB EDUCATION COURSES/ SEMINARS/ SHOWS
- Advertising and Photographs
- Event Content
- Other Formalities
- Waiver and Postponement
- Company’s Obligations
- Governing Law and Jurisdiction
The following expressions shall have the following meanings:
The “Company” means You Be! Hairdressing Education and Consultancy Ltd. whose address for service of notices is 56 Halsmere Road London SE5 9JQ.
The “Company’s Fee” means the fees expenses and disbursements specified in the Proposal and/or the Correspondence.
The “Correspondence” means the correspondence between the Company and the Client relating to the Event as annexed in Schedule 1 hereto.
The “Client” means<Insert Name, full address of the person/company booking the event>.
The “Date” means the date of the first Course/Seminar/Show to be held at the Venue, as detailed in the Correspondence.
The “Event” means any Course/Seminar/Show agreed to be undertaken by the Company.
The “Event Clothes” means clothing used by the Team as part of the Event.
The “Expenses” means the expenses payable under clause 3.3.
The “Trunks” means the trunks or other luggage used by the Company to transport clothes the Company’s products and other literature and props to the Venue
The “Team Leader”means Uwe Breuer to be responsible for all final decisions whilst at the Venue.
The “Venue”means the place where the Event is to be held as referred to in the Correspondence.
- The Agreement between the Company and the Client is set out in these General Terms and Conditions and/or the Correspondence.
- The above documents embody the entire Agreement between the Company and the Client and supersede and replace any provision or representation on the same subject whether made orally or by conduct prior to the date of this Agreement.
- This Agreement may not be amended modified varied and supplemented except in writing signed by the Company and the Client or as contained in the Correspondence.
- All fees expenses charges or other costs shall be paid in Sterling to a Bank Account nominated by the Company and shall be deemed to be quoted exclusive of any Value Added Tax or any other tax or impost chargeable by law whether in the UK or outside the UK.
- The Client shall pay the Company’s Fee, of one daily rate (non-refundable) including airfare if applicable upon confirmation (exact dates) of the Event by e-mail or on signing this Agreement, whichever is earlier.
The Company shall invoice the Client for the following expenses and the Client shall pay such invoice no later than two days before the end of the Event.
3.3.1 Any customs or other excise duties payable or required to be secured either in the UK or in the country where the Venue is located by reason of the importation by the Company of any of its products or props for use in the Event.
3.3.2 Accommodation Expenses for each Team member who shall require an individual room in a quality hotel or quality serviced apartment. For the avoidance of doubt hotel billing arrangements will be as follows:-
|Charge/Expenses||Party Responsible for Payment|
|Business Telephone Calls||Client|
|Personal Telephone Calls||Individual Team Member|
|Mini bar||Individual Team Member|
|Room Service||Individual Team Member(unless in lieu of the evening meal when payment will be made by Client)|
3.3.3 All meals and refreshments required for the Team members.
3.3.4 Props and equipment supplied by the Company for use in the Event.
3.3.5 Courier fees and freight charges.
3.3.6 Music usage/royalty fees and Video usage/duplication fees.
3.3.7 Miscellaneous expenses specified and agreed to in the Correspondence.
3.4 The Company reserves the right to require payment by the Client of a deposit equal to 90% of the anticipated total value of the Expenses and if the Company makes such a demand payment of such deposit must be received at least 20 days prior to the Event.
3.5 In the event that any payment is not received in full within the period specified or as specified in clause 9.4 the Company will charge interest at the rate of 4% above Barclays Bank PLC Base Rate from time to time on all sums outstanding such interest to be compounded monthly.
4. Advertising and Photographs
- No advertising or other publicity material concerning or relating to the Event shall be issued or displayed without first submitting it to the Company or Agent and obtaining its approval in writing to each and every such item.
- All photographs and course Handouts supplied by the Company to the client must be used only for the purposes for which they were supplied.
- Subject to Clause 6 any photographs taken at the Event which are required for advertising purposes by the Client must be approved by the Uwe Breuer. The Client shall place the following caption on or under all such photographs “Hair by Uwe Breuer”.
- Any models to be supplied by the Client for demonstration or other purposes during the Event shall be subject to prior approval by the Uwe Breuer. The Company shall not be obliged to conduct the Event or any part thereof with models unacceptable to the Company for any reason whatsoever.
6. Event Content
6.1 The content and programme of each Event shall be at the entire discretion of the Company which shall at all times be entitled to retain the exclusive copyright therein and in the design and format thereof and consequently no recording, filming, photographing or other copying by any means by any person other than the Company shall in any circumstances be permitted or allowed without the express prior approval of the Company in writing and the Client shall take all reasonable steps to reserve or procure the assignment of such copyright for the Company and to prevent any unauthorised reproduction or filming or taping or photographing or copying of the Event or its content or any part of its programme or format. Such steps shall include displaying an appropriate notice at each and every entrance to the venue and in the programme for the Event.
7.1 The Client shall select the premises required for the Event and the premises shall be made available by and at the expense and at the sole risk of the Client who shall likewise be responsible for effecting all necessary and usual insurances including (but without limiting the generality of this obligation) public and employers liability covering damage caused by defects in the premises and equipment in such amounts and with such company and on such terms as shall be acceptable to the Company. Full details of the insurance affected shall be submitted to and received by the Company not later than 30 days before the Date.
8. Other Formalities
- The Client is further responsible for providing and paying for interpreters where necessary who must be present throughout the Team’s stay in the country where the Venue is located (including at the Event).
9.1 The Company shall in its sole discretion be entitled to cancel the Event if prevented from complying with the terms of this Agreement by strike, wars (declared or undeclared), terrorism, any local hostility, rebellion, civil riot or commotion or other like disturbances, any epidemic or disease in the country where the Venue is located or in the UK, acts of God or by any act or cause that is reasonably beyond the control of the Company.
9.2 Without prejudice to any other rights or remedies which the Company may possess, if the Client fails to comply with the provisions of clause 3.2 and/or 3.4 the Company may by notice in writing to the Client terminate this contract forthwith.
9.3 The Company may terminate this contract by notice in writing if the Client is deemed unable to pay its debts as and when they fall due, or if the Client becomes insolvent or an application is made for the appointment of or if an appointment is made of an administrator or receiver or manager of the Client or any of its assets, or if the Client announces an intention to do so or makes any composition or arrangement with its creditors or any of them, or if anything analogous to or having a substantially similar effect to any of the events specified in this sub-clause shall happen under the laws of any applicable jurisdiction.
9.4.1 Notwithstanding termination of the contract pursuant to clause 9.1 above any of the Expenses incurred prior to the date of the notice in writing shall be a debt immediately payable to the Company by the Client.
9.4.2 Notwithstanding termination of the contract pursuant to clauses 9.2 and 9.3 above the Company’s full fee and any of the Expenses incurred prior to the date of the notice in writing shall be a debt immediately payable to the Company by the Client.
9.5 The Client may terminate this contract by notice in writing to the Company and (save where such termination results from the default by the Company of its obligations under this contract) the Client shall pay to the Company by way of liquidated damages a sum calculated as follows:-
If less than 60 days but more than 30 days notice is given, 5%of the company fee is payable
If less than 30 days but more than 7 days notice is given, 15%of the company fee is payable
If less than 7 days but more than 2 days notice is given, 75%of the company fee is payable
If less than 48 Hours notice is given, 100%of the company fee is payable
10.1The benefit of this agreement is personal to the Client named herein and shall not be assignable by the Client to any person firm or company.
11. Waiver and Postponement
11.1 Performance of any condition or obligation to be performed by the Client shall not be deemed to have been waived or postponed unless the Company shall have expressly granted a waiver or postponement in writing
12.1The Client shall indemnify and keep indemnified the Company against all claims losses or damages of any nature whatsoever including without prejudice to the generality of the foregoing claims for loss or damage to property or injury or death of persons caused by or resulting from this agreement and/or the Event herein provided for and against any performance and/or copyright fees incurred in relation to the Event.
13.1 A representative of the Client must be present throughout the Event including without prejudice to the generality of the foregoing all model castings, rehearsals, events, photo shoots, interviews and at arrivals at and departures from airports/train stations.
14.1 All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out or referred to in this Agreement or such other address as the recipient may designate in writing from time to time. Any such notice may be delivered personally or by first class pre-paid letter or facsimile transmission and shall be deemed to have been served if by personal delivery, when delivered if by post 48 hours after posting and if by facsimile transmission when dispatched.
15.1 The Company hereby reserves the right to appoint an Agent for the purpose of negotiating and transmitting orders for the service of the Company in line with the terms and conditions in this Agreement.
16. Company’s Obligations
16.1 The Principal shall deal with enquiries relating to the Event in accordance with the Company’s normal practice, as will enable the Client to conduct the promotion of the Event in an orderly manner.
16.2 In its relations with the Client, the Company shall act dutifully and in good faith.
17. Governing Law and Jurisdiction
17.1 The Agreement shall be governed by and construed in accordance with English law and the parties hereto submit themselves to the exclusive jurisdiction of the English Courts in relation to this Agreement and all matters arising out of it.